Filed: May 25, 2016
Latest Update: May 25, 2016
Summary: CLASS ACTION STIPULATION AND ORDER TO CONTINUE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, Plaintiff filed her Motion for Class Certification ("Motion") on May 13, 2016; WHEREAS, Plaintiff's Motion is currently set to be heard on June 16, 2016; WHEREAS, co
Summary: CLASS ACTION STIPULATION AND ORDER TO CONTINUE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows: WHEREAS, Plaintiff filed her Motion for Class Certification ("Motion") on May 13, 2016; WHEREAS, Plaintiff's Motion is currently set to be heard on June 16, 2016; WHEREAS, cou..
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CLASS ACTION
STIPULATION AND ORDER TO CONTINUE PLAINTIFF'S MOTION FOR CLASS CERTIFICATION
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff CHRISTINA CULLEY ("Plaintiff") and Defendants LINCARE INC. and ALPHA RESPIRATORY INC. ("Defendants"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, Plaintiff filed her Motion for Class Certification ("Motion") on May 13, 2016;
WHEREAS, Plaintiff's Motion is currently set to be heard on June 16, 2016;
WHEREAS, counsel for Defendants previously had an arbitration set to commence on June 15, 2016 and end on June 16, 2016, and thus has a conflict with the hearing date for Plaintiff's Motion;
WHEREAS, on May 17, 2016, in conjunction with Plaintiff's Motion, Defendants noticed the depositions of three declarants whom Plaintiff submitted declarations in support of her Motion;
WHEREAS, on May 18, 2016, the Parties held a mediation session with Joel Grossman. While the mediation did not result in settlement, the Parties agreed to provide additional time to determine whether a class-wide settlement is possible;
WHEREAS, the Parties have conferred and believe that a continuance of the hearing and concurrent briefing deadlines for Plaintiff's Motion is warranted to accommodate Defendants' counsel's schedule and to provide a sufficient amount of time for Defendants consider whether settlement is possible;
WHEREAS, this is the first request for a continuance by either Party;
NOW, THEREFORE, and pursuant to E.D. Cal. Civ. L.R. 230, the Parties hereby stipulate and agree, and respectfully request the Court to order that the hearing date for Plaintiff's Motion be continued to June 23, 2016, and that all Opposition and Reply briefing deadlines shall be set accordingly based on that continued date.
IT IS SO STIPULATED.
ORDER
The June 16, 2016 hearing on Plaintiff's Motion for Class Certification is VACATED and CONTINUED to June 30, 2016, at 2:00 p.m. All Opposition and Reply briefing deadlines shall be set accordingly based on that continued date.
IT IS SO ORDERED.
